A RESOLUTION APPROVING THE CHRISTMAS MOUNTAIN LITIGATION SETTLEMENT AGREEMENT

Committee Status:

Approved

Budget Status:

External Source

Decision Impact:

Significant

FTE Impact:

Funding Source:

Other (see budget status)

Purpose

Approve a settlement for pending litigation between Christmas Mountain and Sauk County.

Background

Sauk County issued a special exception permit for a camping facility in the Town of Dellona in 1997 now generally known as Christmas Mountain. In 2014, Sauk County zoning staff observed and recorded several violations of the Sauk County Code at the site. Based on the violations, Sauk County thereafter revoked the existing zoning approval for the camping facility.

In 2015, the owners/users of many of the campsites sued Sauk County to challenge the permit revocation and related matters. That litigation is ongoing as Sauk County Case No. 2015-CV-401.

The litigation involves a parcel of real estate located in the Recreation Commercial zoning district. It contains 92 recreational vehicle campsites.

After extensive negotiations, Sauk County and the plaintiffs have reached a tentative agreement that would resolve all claims which are or might have been the subject of litigation, upon the terms and conditions set forth in the attached Agreement as Addendum A.

The agreement was reached with the assistance of legal counsel of Sauk County and the county’s insurer. Sauk County’s retained attorney, von Briesen & Roper, s.c., the Land Resources and Environment Department and the attorney for the county’s insurer recommend approval of the proposed agreement.

Resolution Files:

Resolution

Exhibit A

Real Exhibit A :)

Budget Status (Other/External Sources):

Fiscal Note: If rejected: Potential financial damages award against Sauk County. If approved: Potential damages claims by plantiffs are waived and corresponding risk to Sauk County eliminated.

MIS Note: No information systems impact.

Resolution Body

NOW, THEREFORE, BE IT RESOLVED, by the Sauk County Board of Supervisors, met in regular session, that settlement of the pending litigation between the plaintiffs and Sauk County in Case No. 2015-CV-401 is approved and the Sauk County Board Chair is authorized to execute a settlement agreement on behalf of Sauk County in accordance with the approved terms.

For consideration by the Sauk County Board of Supervisors on September 15, 2020.

Respectfully submitted,

EXECUTIVE AND LEGISLATIVE COMMITTEE

Requested Board Review Date:

Tuesday, October 20, 2020

Committee Review 1:

Pending

Return to Top